Bill Text: HI HB569 | 2016 | Regular Session | Introduced
Bill Title: Good Samaritan Policies; Medical Amnesty; Controlled Substances; Intoxicating Liquor
Spectrum: Moderate Partisan Bill (Democrat 11-3)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB569 Detail]
Download: Hawaii-2016-HB569-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
569 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to medical amnesty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that drug overdoses have overtaken motor vehicle accidents in recent years as the leading cause of fatal injuries in Hawaii.
From 2009 through 2013, seven hundred seventy-three deaths from drug overdoses were recorded in Hawaii, including a record-high one hundred eighty-three deaths in 2013, according to the state Department of Health.
In the United States, drug overdoses have tripled since 1990 and are a major cause of preventable death. Often medical assistance for a drug overdose is not sought by those in need or their companions for fear of being arrested for use, possession or other drug-related crimes.
States recently have enacted overdose immunity laws intended to reduce the number of overdose-related deaths by encouraging people to seek help. The legislature finds that as of November 2014, twenty-three states have passed overdose immunity laws, also known as Good Samaritan and medical amnesty policies, to encourage people to call 911 when witnessing or experiencing an alcohol or drug overdose by providing a limited shield from charge and prosecution for possession of a controlled substance, drug paraphernalia, and for minors, alcohol.
The legislature finds that in Hawaii about seventy per cent of persons who witness a drug overdose do not call 911 for fear of arrest or prosecution, according to data reported by the Community Health Outreach Work to Prevent HIV/AIDS program.
The purpose of this Act is to encourage a witness or a victim of a drug or alcohol overdose to call 911 or seek other emergency medical assistance in order to save the life of an overdose victim by establishing a state law protecting the witness or victim from charge, prosecution, and civil forfeiture based on certain drug and alcohol related offenses. This Act is not intended to protect individuals from charge or prosecution for drug trafficking.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§329- Overdose prevention; limited immunity. (a) A person who, in good faith, seeks medical assistance for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency shall not be charged, subject to civil forfeiture, or otherwise prosecuted for possession of a controlled substance, intoxicating liquor, or drug paraphernalia under this chapter, chapter 281, or part IV of chapter 712, based on evidence that was obtained as a result of the person seeking or receiving medical assistance.
(b) A person who is experiencing a drug or alcohol overdose or other life threatening medical emergency and, in good faith, seeks medical assistance for himself or herself or is the subject of such a good faith request for medical assistance, shall not be charged, subject to civil forfeiture, or otherwise prosecuted for possession of a controlled substance, intoxicating liquor, or drug paraphernalia under this chapter, chapter 281, or part IV of chapter 712, based on evidence that was obtained as a result of the person seeking or receiving medical assistance.
(c) This section shall not apply to a prosecution where the person who sought the medical assistance illegally sold any drugs or alcohol at issue to the drug or alcohol overdose victim.
(d) As used in this section:
"Drug or alcohol overdose" means an acute medical condition that is the result of the ingestion or use by an individual of alcohol, one or more controlled substances, or one or more controlled substances in combination with alcohol in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual's condition shall be deemed to be a "drug or alcohol overdose" if a reasonable person would believe the condition to be a drug or alcohol overdose that may result in death, disability, or serious injury."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2015.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Good Samaritan Policies; Medical Amnesty; Controlled Substances; Intoxicating Liquor
Description:
Establishes limited immunity for individuals who seek medical assistance for victims of drug or alcohol overdoses.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
